What Are Your Employer’s Responsibilities Under Workers' Compensation Law?

In Missouri, any employer with five or more employees is required to purchase insurance for their employees from a workers' compensation insurance carrier. In the construction industry, any employer with one or more employees must purchase workers' compensation insurance. Large employers—who are financially able to—may act as their own insurance companies.

There are certain exceptions for railroad, postal, and maritime workers who are protected under federal laws as well as for farm workers, some real estate agents, sales persons, household domestic help, volunteers and some others; however, any company that is required to provide workers' compensation insurance and does not may be subject to fines as well as criminal charges and may be held personally liable for an employee's injuries.

When an employee is injured, they must notify their employer in writing. The written notice must include the date, time and place of injury, the nature of the injury and the name and address of the person injured. Many companies have forms that an injured employee can fill out. Once the employee has filled out the form, the company has five days to submit the claim to the insurance company. The insurance company then pays medical and disability benefits according to a state-approved formula.

Complete a report of the injury and mail it to the nearest workers' compensation board office.

Make a written report of every accident that results in personal injury and causes the employee to lose time from regular work duties on any day other than the working day or shift on which the accident occurred, or of any injury that requires medical treatment beyond first aid or more than two treatments by a doctor or medical practitioner.

Provide any additional information requested by the workers' compensation board or the insurance company.

In addition, an employer may not retaliate, discriminate against, harass, or unjustly terminate the employment of any employee who files for worker's compensation benefits. Forms of retaliation can include demotion and salary reduction.